The transformative potential of genome-editing technology extends across economic sectors and promises substantial social benefits. The realisation of these benefits is contingent on the alignment of multiple socio-economic and legal factors. Among important preconditions are a well-structured system of innovation incentives and a well-functioning framework for allocating patent rights. Earlier research predicts that the highly complex patent landscape surrounding breakthrough technologies – particularly CRISPR/Cas-based systems and methods of genome editing – is likely to lead to technology underutilisation. The study addresses the perceived need to enhance freedom to operate (FTO) and balance innovation incentives in the context of a complex patent landscape of CRISPR/Cas technology. It explores how CRISPR/Cas-enabled innovation has entered the market in Japan, with a particular focus on licensing arrangements. Additionally, it examines key legal factors that can help mitigate overlapping patents and, in turn, improve FTO. Overall, the analysis finds that focusing solely on 'success stories' provides a limited perspective and highlights the need for a more comprehensive empirical assessment of licensing practices in this field. Moreover, it confirms that the interpretation and application of existing patent law standards can play a significant role in reducing the complexity of the patent landscape.
https://www.jpo.go.jp/resources/report/takoku/document/sangyo_zaisan_houkoku/2024_03.pdf
